24 Mar 2020

 A tripartite labour structure has come up with ideas to enhance issues of personal safety and certain considerations relevant in the workplace.

In a recent statement, the employment and labour sector through a medium provided by the High Level Consultative Council (HLCC), met to consult on matters relating to the coronavirus. 

The meeting resolved that it was urgent and in good public order that the Ministry of Employment, Labour Productivity and Skills Development immediately issue a public statement covering COVID-19 related considerations, which might touch on employee and employer relations.

The sector states that the aim of the statement is not only to buttress the importance of responding appropriately to the underlying dangers, but to share certain statutory and common law considerations, which can aid workplace conversations aimed at optimising mutual benefit. 

The labour sector is of the view that coronavirus and its effects on employer and employee relationship is not as a result of any fault by either of the parties. 

It also appeals that reference be given to the provision of section 16 (1) of the Employment Act which states that, ‘every employer shall, unless the employee has broken his contract of employment or the contract of employment becomes, without default on the part of the employer, impossible of performance, provide his employee with work in accordance with the contract of employment during the period for which the contract is binding on a number of days equal to the number of working days provided for, either expressly or by implication, in the contract of employment’.

In dealing with the current situation of the coronavirus and where practical, the HLCC’s labour sector supports the position that employers and employees consider agreeing for employees to work from home, where possible. 

The sector also recommends the reconfiguration of hour of work; for example, shift work in order to allow space.

In the event where quarantine or closure is unavoidable, organisations could consider a staggered way of paying wages depending on the circumstances of the company. 

The statement says the move could entail facilitating agreements on a defined period of full pay, half pay, quarter pay and unpaid leave. 

Where possible, the suspension of operations, without pay be considered. 

The sector also indicates that employers and employees continuously dialogue in good faith on the matter to deal with emerging issues. 

“In considering and bearing in mind that the objective has to be the minimisation of adversity to both the employers and employees, emphasis should be made on a combination of both the job security of employees and maintenance of the business during this time. 

“If it should be so, any action by the employer or the employee resulting in the unavoidable non-performance of an employment contract as a result of the effects of the COVID-19, should be considered just and reasonable.” says the employment and labour sector.

Parties are further urged to guard against any acts of discrimination, victimisation and harassment of suspected cases. 

The tripartite of government, labour and business, as constituted under the International Labour Organisation (ILO) principles of tripartism, further wishes to share tips and suggestions regarding workplace, health and safety precautionary measures.

The sector advocates for maintaining of high standards of a workplace hygiene programme, incorporating COVID-19 risk mitigations in the workplace health and safety programme, intensify information, education and communication on COVID-19 across workplaces and provide WHO recommended personal protective equipment as a contingency measure. 

The sector further advised the employers and employees to discourage overcrowding in the workplaces, maintain cleanliness of the workplaces to maintain good housekeeping, provide washing facilities to promote personal hygiene as one of COVID-19 risk adaption measure and carry out workplace risk assessments.  

The employment and labour sector says it is everyone’s responsibility to secure their working environment for individual, collective and national socio-economic benefits.

“It is our collective duty to work on putting these coping measures in place while we continually work with others (international community and WHO) to contain this epidemic and similar risks.” ends